Month: February 2013

WORK on a € 7.1m project aimed at improving flood defences in Ennis is expected to get underway next month.

On Thursday, Brian Hayes, Minister of State at the Department of Finance (OPW), signed a contract with Wills Bros Ltd of Foxford, Co Mayo, for the construction of a major flood defence scheme in Ennis, County Clare.

Work on the River Fergus Lower (Certified) Drainage Scheme Contract will commence in March and will see flood defences being installed from Bank Place Bridge in the town centre to Doora Bridge in Clarecastle. The € 7.1m project will take approximately 18 months to complete and will lead to the protec- tion of 849 residential and 425 nonresidential properties on completion.

Welcoming today’s contract signing, Mayor of Ennis Cllr Peter Considine stated, “This development comes as a major boost to residents and businesses located along the banks of the River Fergus, particularly those badly affected by severe flooding in November 2009. I would like to compliment the OPW for its commitment to bringing this project to fruition and ensuring that adequate flood defences are provided in Munster’s largest town. We have already witnessed the benefits of flood defence works in the Abbey Street car park and I look forward to other parts of the town and its environs benefiting from the proposed scheme.”

The scheduled works complement a number of other schemes identified in the Ennis Main Drainage and Flood Study Preliminary Report.

Last month, Ennis Town Council signed a contract for flood relief works to be carried out in the Watery Road / Elm Park area of the town. The € 307,000 (approx) project involves the construction of 400 metres of new river embankment and a pump station.

Elsewhere, Ennis Town Council says it expects that the tender documents for the proposed Foiruisce Scheme will be completed and forwarded to the OPW in the coming weeks and that the tender process will commence during March. Meanwhile, the documents for the Ennis South Flood Relief Scheme (St Flannan’s/Tobairteascain – Ballybeg Lake Flood Relief Works) are currently with An Bord Pleanala and the council is awaiting its determination.

A TOTAL of € 1.25 million is allocated in the council budget for Clare councillors’ wages, expenses, allocations and support cost.

The majority of that sum, € 916,832.12, was paid to councillors in the form of wages, expenses and allowances.

Among the higher earners for the year were the two mayors – Cllr Pat Hayes (FF), that served from January to June, and the current mayor Cllr Pat Daly (FF), that took over as first citizen in June.

As well as their basic annual allowance as a councillor of € 16, 724, they also received a mayor’s allowance of € 13, 500. Both payments are subject to taxation.

Among the expenses listed on Cllr Hayes’ accounts was a € 1, 535.56 subsistence allowance for a weeklong tourism promotion trip to New York in March, including St Patrick’s Day.

Cllr Patricia McCarthy (Ind) received the third highest payment of € 37,784.72. The Shannon councillor’s payment includes an allowance of € 6,000 as chairperson of a Strategic Policy Committee and € 4,500 as chair of the County Development Board.

Councillor Richard Nagle (FF) also received an allowance of € 6,000 as chairperson of another SPC and € 1, 500 for chairing the County Development Board.

Cllr John Crowe (FG) received an allowance of € 5,870 as chairperson of an SPC, as did the sixth highest recipient, Cllr Joe Cooney (FG), who received € 6,000 as chair of a SPC.

As well as payments of almost € 920,000 to councillors, a budget of almost € 250,000 is set aside for support costs provided by council staff and the offices.

Councillors can claim up to a maximum of € 4,700 in expenses and € 6,156 to attend conferences.

Just one councillor, Cllr Christy Curtin (Ind), noted the tax and PRSI paid on his council income. Including PAYE on salary, PRSI, universal social charge, pension levy, the deduction totalled € 5,100.

THE majority of GPs in Clare are signed up to be involved in primary care teams, although “one or two” remain outside the new HSE initiative.

At a special presentation into Primary Care Centres in Limerick last month, it was revealed that a number of GPs throughout the mid-west area were not taking part in the programme.

In Clare however the majority of GPs have signed up according to the programmes co-ordinator Alice McGinley.

The teams are made up of GPs, practice nurses and other health professionals who provide a single point of contact to the health system for a patient. There are 11 teams in Clare with the Westbury team coming under Limerick for convenience and access.

In rural areas these teams are often spread over a number of areas, with more urban areas striving to put all services under one roof.

Ennis is close to getting a Primary Care Centre for its four primary care teams, but it is yet unclear what GPs will relocate to the one stop shop.

Not all GPs that are signed up to the primary care teams are required to be under the same roof as the team of other health professionals, but they will attend team meetings every two weeks to discuss patients’ care.

Ms McGinley admitted that patients of GPs who are part of the primary care teams are likely to be streamlined into follow on services such as physiotherapy quicker than those outside the system, as their doctor will be working in a team environment directly with the professional.

She explained that prior to the formation of the primary care teams people over 65 years of age in Clare requiring physiotherapy were sent to St Joseph’s Hospital and those under 65 were sent to Ennis General Hospital. Under this new system patients will be referred directly to the physiotherapist in the community’s care team, irrespective of what age they are.

W o r k in g o r t o o b u s y t o d r o p
in y o u r ve h ic le ? We will collect your vehicle from your home/wor kplace and deliver it back t o you free of char ge wit hin a five mile radius of Ennis.

A PROPOSAL by Dublin City Council to extract water from Lough Derg has been described as a “disastrous plan for the River Shannon” by Clare’s councillors.

Cllr Pat Burke (FG) sought the support of the regions MEPs to prevent such a move at all costs.

“This would be a loss of water from this area and a loss of investment,” he said.

“It is being strongly promoted by the east coast TDs and MEPs and is a total disregard for those living outside the pale,” he said.

Cllr Burke said that areas around the lake, close to which he farms, have restrictions, as they are special areas of conservation (SAC).

“A neighbour was refused planning permission to build a house because it was in a SAC. So how can Dublin come down and put a pump on the shores of Lough Derg when a local farmer’s son cannot build a house on the family land?” he asked.

“We don’t trust them [DCC] when they say they will only take it at times of flooding.”

Pat “The Cope” Gallagher (FF) suggested that Dublin capture all its own “wasted water” before it looks elsewhere.

“I know from being the Minister for Environment, Heritage and Local Government the amount of water that is wasted every year through corrosive pipes,” he said.

Jim Higgins (FG) said that in 21 years times there would be a € 350 million litre of water shortage in Dublin.

“Let them sort it out themselves in terms of replacing corrosive pipes,” he added.

IT IS not so much the possible hotel rates as much as the commercial rates that are concerning one possible bidder for an Ennis hotel that goes on sale at a basement price reserve this Friday.

An interested party in the sale of the Ashford Court Hotel on the Old Mill Road, Ennis, said commercial rates is a concern for most potential business owners.

According to the Valuation Office of Ireland, the commercial rate on the hotel to be sold as part of an auction of distressed properties, is set at € 185. The current rate set by Ennis Town Council is € 65.45 bringing the annual rate for this property to € 12,108.25.

The 27-bed Ashford Court Hotel is being sold on the instruction of receiver Kieran Wallace of KPMG at the Allsop Space auction in the Sherbourne Hotel, Dublin. Its reserve is not to exceed € 215,000.

Set on 0.072 hectares, the property will be sold with all contents to be included.

The Ennis hotel is not the only Clare property going under the ham- mer during the auction.

The Allsop Space auction will also feature the well-known Kilkee Bay Hotel.

The familiar landmark hotel on the Kilrush road into Kilkee will go to auction with a reserve not to exceed € 315,000.

A house in Mountshannon is also included among the 155 properties listed.

HUNDREDS of Clare people have reached out to Clare County Council asking that their housing estates be taken ‘in charge’ by the local authority. Residents in 49 different estates have made an official approach to Clare County Council, using the new Section 180 legislation.

To date, however, the local authority has not been in a position to take any of these estates ‘in charge’. A number of technical difficulties have been identified in the Section 180 legislation, which has left hundreds of Clare people in ongoing limbo.

While many of these estates have been abandoned by the developer, some have an active developer and others are completed or in a nearcompleted state. In some of these estates, the developer has also contacted Clare County Council asking that the site be taken in charge.

Bonds are in place to cover the completion of works on many of the unfinished estates. However, these bonds are understood to be worth far less than the total work which is required to be carried out.

Clare County Council currently hold 113 bonds for housing development with a combined value of € 5.2 million.

Section 180 legislation also requires that the developer furnish the council with CCTV footage of the estate’s sewerage system and a full set of post-completion before an estate can be taking in charge. The expense of completing these tasks is preventing a number of finished estates from being handed over to the local authority.

According to North Clare councillor Joe Arkins (FG), some developers are using the conditions in the Section 180 legislation to put off expensive works on estates.

“People are being left in a total limbo. Developers apply to be taken in charge by the council, then when the councils gets back to them looking for the CCTV or the updated plans, the developer doesn’t follow. So the developer can tell the residents that they have applied to the council but nothing will ever happen,” he said.

Cllr Arkins has also requested that Clare County Council seek legal advice to determine if the local authority would be libel for any injuries sustained by residents of unfinished estates who have requested to be taken in charge.

“There could be a liability there, if someone falls down a hole in an unfinished estates, and the residents of that estate have been trying unsuccessfully to have that estate taken in charge. I have asked that we get legal advice on this,” he said.

A MAN has received a six-month jail sentence for assaulting a prison officer in Ennis Courthouse last year.

James Francis McDonagh (38) pleaded guilty last week to assaulting Limerick prison officer Raymond Kelly on May 1 (2012).

The incident occurred at the end of a day on which Mr McDonagh was on trial for assaulting his brother with a hatchet.

Mr Kelly told Ennis District Court on Wednesday that the accused suddenly turned on him after he asked him to return to the cells.

He said, “He (McDonagh) said he would shove his fist through my face or head.”

Mr Kelly said there was no physical contact but it was a “very aggressive” situation. Under cross-examination from defence solicitor, Charles Foley, Mr Kelly said Mr McDonagh did not strike him. He added, “I was in a position where I was in fear I would be struck.”

Mr McDonagh, who is also known as Michael James McDonagh, has 99 previous convictions, including 11 for assault and four for assault causing harm. He has a former address of Ballymurtagh Halting Site, Shannon. Last May he was sentenced to a total of four years in prison for assaulting his brother with a hatchet and possession of an offensive weapon at Ballymurtagh Halting Site on August 31 2011.

Mr Foley told the court that his client had suffered from a very serious drug addiction. He said Mr McDonagh is currently undergoing a rehabilitation course in Limerick prison. He described the accused as “a very clever man” who has been drug free for a considerable length of time.

Mr Foley added, “He’s actually trying to bring himself around.”

Mr McDonagh apologised in court for his behaviour on the day, saying he had experienced flashbacks of the assault against his brother.

He told the court he apologised to Mr Kelly 15 minutes after the incident occurred.

He added, “I’m 20 years in and out of prison and I’ve never tried to rehabilitate myself ‘till this time.”

Judge Aingeal Ní Chonduin said Mr McDonagh is a man with a “serious track record.” She said the accused is a “fine strong man” and if he had struck the Mr Kelly, he would have felt it.

She imposed a six-month prison sentence to be served consecutive to the sentence Mr McDonagh is currently serving. Recognances were fixed in the event of an appeal.

A WHEELCHAIR bound amputee who admitted arson at a nursing home in Killaloe almost three years ago has been ordered to cooperate completely with any support pro vided to him by the Health Services Executive (HSE).

James Sherlock (24), whose life was described as a “living hell”, pleaded guilty last Wednesday to causing arson at the Lakes Nursing Home, Killaloe on August 20 (2010).

At his sentencing hearing on Thursday, Ennis Circuit Criminal Court heard that Gardaí and members of the Fire Services were called to the private nursing home on the outskirts of Killaloe to deal with a fire started by the accused in his locked first-floor room.

Staff and all residents were evacuated after the fire which caused € 5425 worth of damage.

The court heard that the damage was confined mainly to Mr Sherlock’s room.

A 94-year-old resident died on the same night. A post mortem later showed that Margaret O’Gorman died from natural causes.

An inquest in December 2011 heard there was no evidence that her death was related to the fire.

A garda who attended the scene was hospitalized for smoke inhalation, the court heard.

Detective Sergeant Oliver Nevin, of Killaloe Garda Station, told the court it appeared the accused gath- ered materials and stuffed them under his wheelchair before setting the chair alight.

Det Sgt Nevin said Mr Sherlock escaped un-injured after managing to get out of the chair and crawl to an en-suite bathroom.

The court heard that in a subsequent interview, Mr Sherlock told gardaí he set fire to his bedclothes with a lighter after drinking neat vodka. He said it was an accident and that he had been in a bad mood.

Counsel for Mr Sherlock, Pat Whyms BL, told the court that his client had his right leg (from his right knee down) amputated six weeks prior to the fire. He said the procedure had been necessary because of an “historic heroin addiction.”

Mr Sherlock is now on a methadone programme, the court heard, and no longer takes illegal drugs.

Mr Sherlock previously lived at 16 Childers Road, Ennis and has been a resident of the Redwood Extended Care Facility, Stamullen, Meath.

The court heard he is currently residing at his father’s house in Ennis. The court heard he has 34 previous convictions.

Mr Whyms said his client has been in a wheelchair since 2008 and needs daily assistance. He said Mr Sherlock’s wounds must be dressed every second day.

He said that on the night of the fire, his client’s state of mind was one of “general despondence and despair.” He said Mr Sherlock had placed himself most at risk by starting the fire in a locked room.

Mr Whyms added, “It appears to have all the hallmarks of – if not a suicide attempt – at least a cry for help rather than an attack on other people or property.”

Mr Whyms told the court that a prison sentence would have an extraordinary effect on Mr Sherlock, adding that it would damage the progress he has made.

He said a prison sentence should be a last resort. “In terms of punishment, this man’s life is a living hell,” he added.

Judge Gerard Keyes said the loss of a limb is very difficult to cope with both mentally and physically.

He said it may explain, but not justify, why Mr Sherlock’s “mind would have been clouded and not rational” on the night.

Judge Keyes said he regarded the offence as “very serious” due to where it occurred and the risk posed to other people.

He ordered a report from the Probation services and also directed the HSE to set out what supports could be put in place for Mr Sherlock, in prison and outside.

Judge Keyes also requested “concrete information” on the likelihood of Mr Sherlock re-offending.

He said that if suitable structures are available, then it would be to the benefit of society and Mr Sherlock not to impose a custodial sentence.

Judge Keyes told Mr Sherlock he must fully cooperate with the HSE and Probation Services. The case was adjourned for mention to April 9.

WORK on a € 7.1m project aimed at improving flood defences in Ennis is expected to get underway next month.

On Thursday, Brian Hayes, Minister of State at the Department of Finance (OPW), signed a contract with Wills Bros Ltd of Foxford, Co Mayo, for the construction of a major flood defence scheme in Ennis, County Clare.

Work on the River Fergus Lower (Certified) Drainage Scheme Contract will commence in March and will see flood defences being installed from Bank Place Bridge in the town centre to Doora Bridge in Clarecastle. The € 7.1m project will take approximately 18 months to complete and will lead to the protec- tion of 849 residential and 425 nonresidential properties on completion.

Welcoming today’s contract signing, Mayor of Ennis Cllr Peter Considine stated, “This development comes as a major boost to residents and businesses located along the banks of the River Fergus, particularly those badly affected by severe flooding in November 2009. I would like to compliment the OPW for its commitment to bringing this project to fruition and ensuring that adequate flood defences are provided in Munster’s largest town. We have already witnessed the benefits of flood defence works in the Abbey Street car park and I look forward to other parts of the town and its environs benefiting from the proposed scheme.”

The scheduled works complement a number of other schemes identified in the Ennis Main Drainage and Flood Study Preliminary Report.

Last month, Ennis Town Council signed a contract for flood relief works to be carried out in the Watery Road / Elm Park area of the town. The € 307,000 (approx) project involves the construction of 400 metres of new river embankment and a pump station.

Elsewhere, Ennis Town Council says it expects that the tender documents for the proposed Foiruisce Scheme will be completed and forwarded to the OPW in the coming weeks and that the tender process will commence during March. Meanwhile, the documents for the Ennis South Flood Relief Scheme (St Flannan’s/Tobairteascain – Ballybeg Lake Flood Relief Works) are currently with An Bord Pleanala and the council is awaiting its determination.

A WOMAN whom a Judge described as having deprived her children of a childhood yesterday walked free from court after receiving a suspended sentence for child neglect.

At Ennis Circuit Criminal Court yesterday, Judge Carroll Moran said the 38-year-old woman, who last year pleaded guilty to eight counts of child neglect, “lacked fundamental parenting skills and most significantly she lacked empathy for her own child”.

He said reports from the Probation Services and the Health Services Executive (HSE) stated that the woman, who had a serious drink problem, was a completely unsuited to being a mother for her children.

Judge Moran said the woman’s guilty plea was of “special significance” in this case as it spared the victims the additional trauma of having to give evidence.

Her former partner has also pleaded guilty to eight charges of child neglect.

The offences, which relate to seven children, took place on dates unknown between March 2001 and July 2010 in two areas of Clare.

The eldest child is now 17 while the youngest child is now four.

The court heard that the woman is the mother of all seven children. The man is the natural father of six of the children.

Judge Moran said evidence had been given that the couple spent prolonged periods in the pub indulging in alcohol while the children were abandoned at home.

He said there was insufficient food in the house and sometimes none at all.

He said the children were left with inadequate and dirty clothing. He said that at the age of eight, the eldest child had been forced to be a surrogate mother to her infant sibling.

Judge Moran said the man would beat the girl if the baby cried at night. He said the mother admitted beating the girl with a poker and a shoe causing multiple bruises.

The children have since been placed in foster care, the court heard. He said the children had been under threat from their parents not to tell social workers about their ordeal.

The court heard the woman had started drinking aged 13 and was a victim of domestic violence.

She has been off drink for five years and is in a new relationship, the court heard.

In her victim statement read out in court earlier this month, the eld est daughter emotionally urged the Judge to send her mother to jail, describing her as “vermin”.

“They should rot in hell,” she add- ed.

Judge Moran said the former couple had engaged “dreadful misbehaviour” and had deprived the children of a childhood.

He said the children had been left “severely traumatised” by their experiences.

Judge Moran said the woman had no previous convictions and made a serious attempt to deal with her alcoholism.

He said she had entered an early plea. Judge Moran said that in these “exceptional circumstances” it would not be right to impose a custodial sentence.

He imposed a four-year sentence, suspending it for seven years.

The woman was ordered to abstain from alcohol and cooperate with the directions of the HSE and Probation Services.

Reporting restrictions were previously placed on the case.